ABSOLUTE COMMUNITY

REGIME
CONJUGAL PARTNERSHIP
OF GAINS
ABSOLUTE SEPARATION
PROPERTY REGIME OF
UNIONS WITHOUT
MARRIAGE
DEFINITION
A system of property relation
that treats properties acquired
by the spouses during their
marriage as jointly owned.
It is that formed by a husband
and his wife whereby they
place in a common fund the
fruits of their separate
property, and the income from
their work or industry, the
same to be divided between
them equally upon the
dissolution of the marriage or
the partnership.
The matrimonial property
regime agreed upon in the
marriage settlement by the
future spouses whereby
each spouse shall own,
dispose of, possess,
administer, and enjoy his or
her own separate estate and
earnings without the consent
of the other, with each
spouses proportionately
bearing the family expenses.
The property relations of
the parties during the
period of cohabitation:
a. Without the benefit of
marriage or when the
marriage is void, or
b. When one or both
partners are not
capacitated to marry,
as when one (or both)
has an existing or prior
marriage which has
not been
annulled/declared
void.
BASIS
Based essentially on mutual
trust and confidence between
the spouses and fosters
oneness and unity between
them. This is in fact the
tradition and custom among
the great majority of Filipinos
and this is the reason why the
Family Code adopts this
system instead of the
conjugal partnership of gains,
The capital or properties of
the spouses are kept
separate and distinct from the
benefits acquired by them
during the marriage. This
constitutes an insurmountable
obstacle to the presumption
of solidarity between the
spouses
Based on distrust
which is taken from Spanish
law.
ESTABLISHMENT
The default property regime
of the spouses.
When it has been agreed
upon in the marriage
settlement.
When it has been agreed
upon in the marriage
settlement.

GOVERNING RULES
The rules governing co-
ownership shall apply in all
matters not provided for in the
Family Code.
The conjugal partnership shall
be governed by the rules on
the contract of partnership in
all that is not in conflict with
what is expressly determined
in this Chapter or by the
spouses in their marriage
settlements.
Art. 143. Should the future
spouses agree in the
marriage settlements that
their property relations
during marriage shall be
governed by the regime of
separation of property, the
provisions of this Chapter
shall be suppletory.

a. The rul es of co-
ownershi p govern
the propert y
relationship of these
couples.
b. The special co-
ownership only covers
property acquired by
both parties through
their actual joint
contribution of money,
property or industry.
This is very similar to
an ordinary
partnership.
EFFECT
Parties deemed as co-owners
of properties they both own at
the time of the celebration of
marriage and those acquired
thereafter.
Parties retain ownership over
their respective properties.
All property acquired during
the marriage, whether the
acquisition appears to have
been made, contracted or
registered in the name of one
or both spouses, is presumed
Each spouse shall own,
dispose of, possess,
administer and enjoy his or
her own separate estate,
without need of the consent
of the other.

to be conjugal unless the
contrary is proved.
COMMENCEMENT
At the precise moment the
marriage is celebrated and
any stipulation allowing for
the commencement of such
system at a later time shall be
considered as void.
It begins at the precise
moment when the marriage is
celebrated, exactly like in
absolute community of
property.

If the future spouses failed to
choose the system of
complete separation
of properties in their
marriage settlements, it is
still possible for them to be
governed by this regime
during their marriage by
going to court for a judicial
order.


COVERAGE
Art. 91. Unless otherwise
provided in this Chapter or in
the marriage settlements, the
community property shall
consist of all the property
owned by the spouses at the
time of the celebration of the
marriage or acquired
thereafter.
1. Those acquired by
onerous title during the
marriage at the expense
of the common fund,
whether the acquisition be
for the partnership, or
for only of the spouses;
2. Those obtained from the
labor, industry, work or
profession of either
or both of the spouses;
3. The fruits, natural
industrial, or civil, due or
received during the
marriage from the
common property, as well
1. Wages and
sal ari es of ei ther
the man and the
woman
2. Propert y acqui red
through the work
or i ndustry of
ei ther or both

as the net fruits from the
exclusive property of each
spouse;
4. The share of either
spouse in the hidden
treasure which the law
awards to the finder or
owner of the property
where the treasure is
found;
5. Those acquired through
occupation such as fishing
or hunting;
6. Livestock existing upon
the dissolution of the
partnership in excess
of the number of each kind
brought to the marriage by
either spouse; and
7. Those, which are acquired
by chance, such as
winnings from gambling or
betting. However, losses
therefrom shall be borne
exclusively by the
loser-spouse.





EXCLUSIVE PROPERTIES
1. Property acquired during
the marriage by gratuitous
title by either spouse and
the fruits as well as the
income thereof, if any,
unless it is expressly
provided by the donor,
testator, or grantor that
they shall form part of the
community property.
2. Property for personal and
exclusive use of either
spouse. However, jewelry
shall form part of the
community property.
3. Property acquired before
the marriage by either
spouse who has legitimate
descendants by a former
marriage and the fruits as
well as the income, if any,
of such property.
1. That which is brought to
the marriage as his or her
own;
2. That which each acquires
during the marriage by
gratuitous title;
3. That which is acquired by
right of redemption, by
barter or by exchange with
property belonging to only
one of the spouses; and
4. That which is purchased
with exclusive money of
the wife or of the husband.


ADMI NISTRATION
Administration and enjoyment
of the community property
shall belong to both spouses
jointly.
The administration and
enjoyment of the conjugal
partnership shall belong to
both spouses jointly.
Parties are free to manage
their respective properties
without interference of the
other.




DONATION
Neither spouse may donate
any community property
without the consent of the
other.
Neither spouse may donate
any conjugal partnership
property without the consent
of the other.



Parties are free to donate
without interference of the
other.

DISSOLUTION
What is divided equally
between the spouses or their
heirs upon the dissolution and
liquidation of the community
property is the net remainder
of the properties of the
absolute community, so that it
may happen that a piece of
land owned by either spouse
before the marriage, being
the only property left after the
dissolution of the absolute
community, would be divided
between the spouses or their
heirs.
In the conjugal partnership of
gains, however, the separate
properties of the spouses are
returned upon the dissolution
of the partnership, and only
the net profits of partnership
are divided equally between
the spouses or their heirs.

LIQUIDATION
It is easier to liquidate the
absolute community property
because the net remainder of
the community properties is
just divided between the
spouses or their heirs.
The exclusive properties of
the parties will have to be
identified and returned, and
sometimes, this identification
is very difficult.

CHARGES AND OBLIGATIONS
Art. 94. The absolute
community of property shall
be liable for:
(1) The support of the
spouses, their common
children, and legitimate
children of either spouse;
however, the support of
illegitimate children shall be
governed by the provisions of
this Code on Support;
(2) All debts and obligations
contracted during the
marriage by the designated
administrator-spouse for the
benefit of the community, or
by both spouses, or by one
spouse with the consent of
the other;
(3) Debts and obligations
contracted by either spouse
without the consent of the
other to the extent that the
family may have been
benefited;
(4) All taxes, liens, charges
and expenses, including
major or minor repairs, upon
the community property;
(5) All taxes and expenses for
Art. 122. The payment of
personal debts contracted by
the husband or the wife
before or during the marriage
shall not be charged to the
conjugal properties
partnership except insofar as
they redounded to the benefit
of the family.
Neither shall the fines and
pecuniary indemnities
imposed upon them be
charged to the partnership.
However, the payment of
personal debts contracted by
either spouse before the
marriage, that of fines and
indemnities imposed upon
them, as well as the support
of illegitimate children of
either spouse, may be
enforced against the
partnership assets after the
responsibilities enumerated in
the preceding Article have
been covered, if the spouse
who is bound should have no
exclusive property or if it
should be insufficient; but at
the time of the liquidation of
Both spouses shall bear the
family expenses in
proportion to their income,
or, in case of insufficiency or
default thereof, to the current
market value of their
separate properties.
The liabilities of the spouses
to creditors for family
expenses shall, however, be
solidary.

mere preservation made
during marriage upon the
separate property of either
spouse used by the family;
(6) Expenses to enable either
spouse to commence or
complete a professional or
vocational course, or other
activity for self-improvement;
(7) Antenuptial debts of either
spouse insofar as they have
redounded to the benefit of
the family;
(8) The value of what is
donated or promised by both
spouses in favor of their
common legitimate children
for the exclusive purpose of
commencing or completing a
professional or vocational
course or other activity for
self-improvement;
(9) Antenuptial debts of either
spouse other than those
falling under paragraph (7) of
this Article, the support of
illegitimate children of either
spouse, and liabilities
incurred by either spouse by
reason of a crime or a quasi-
delict, in case of absence or
the partnership, such spouse
shall be charged for what has
been paid for the purpose
above-mentioned. (163a)

insufficiency of the exclusive
property of the debtor-
spouse, the payment of which
shall be considered as
advances to be deducted
from the share of the debtor-
spouse upon liquidation of the
community; and
(10) Expenses of litigation
between the spouses unless
the suit is found to be
groundless.
If the community property is
insufficient to cover the
foregoing liabilities, except
those falling under paragraph
(9), the spouses shall be
solidarily liable for the unpaid
balance with their separate
properties.











RULES IN GAME OF CHANCE
Art. 95. Whatever may be lost
during the marriage in any
game of chance, betting,
sweepstakes, or any other
kind of gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community but
any winnings therefrom shall
form part of the community
property.
Art. 123. Whatever
may be lost during the
marriage in any game of
chance or in betting,
sweepstakes, or any other
kind of gambling whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the conjugal
partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.


TERMINATION
Art. 99. The absolute
community terminates:
(1) Upon the death of either
spouse;
(2) When there is a decree of
legal separation;
(3) When the marriage is
annulled or declared void; or
(4) In case of judicial
separation of property during
the marriage under Article
134 to 138.
Art. 126. The conjugal
partnership terminates:
(1) Upon the death of either
spouse;
(2) When there is a decree of
legal separation;
(3) When the marriage is
annulled or declared void; or
(4) In case of judicial
separation of property during
the marriage under Articles
134 to 138
The co-ownership cannot
be terminated until the
cohabitation is also
terminated.